What non-pro rata distribution means
In a pro rata distribution, every asset is divided equally (or in proportion to each beneficiary's share) among all beneficiaries. Each beneficiary receives the same fraction of every asset: the same percentage of the real estate, the same percentage of the brokerage account, the same percentage of the personal property. This approach ensures mathematical equality but is often impractical and creates co-ownership complications, particularly with real estate.
A non-pro rata distribution allocates different assets to different beneficiaries. Rather than each of three children receiving a one-third undivided interest in the family home, one child receives the home and the other two receive other assets of equivalent value from the estate. The total value each beneficiary receives is the same as it would be in a pro rata distribution, but the specific assets they receive differ. This approach avoids the co-ownership problems and future disputes that often arise when real estate is distributed in fractional shares.
California trust law gives trustees broad authority to make non-pro rata distributions when doing so serves the purposes of the trust and treats the beneficiaries equitably. The trustee must document the values used to achieve equivalency and ensure that each beneficiary's total distribution is fair. If a trust document specifically requires pro rata distributions or specifies which beneficiary receives which asset, the trustee must follow those instructions. In the absence of specific instructions, the trustee has discretion in how to structure the distributions.
Why it matters for trust and probate loans
Non-pro rata distributions are often funded by trust loans. When one beneficiary wants the real estate and the others want cash, the trustee can use a trust loan to fund the cash payments, allowing the real estate to pass to the beneficiary who wants it without a forced sale. The trust borrows against the real property, distributes the loan proceeds as cash to the other beneficiaries, and the beneficiary who wants the property takes it subject to the loan or arranges to have it paid off. This approach avoids selling the property to generate the cash for a pro rata distribution.
North Coast Financial has extensive experience funding trust loans designed to facilitate non-pro rata distributions in California. The structure requires careful coordination between the trustee, the beneficiaries, the lender, and the trust attorney to ensure all the required documentation is in order and the distribution is properly recorded. Rates on these trust loans run from 9.5% to 10.95% with origination of 1.25 to 1.95 points and no prepayment penalty. Most loans fund in 8 to 14 business days once the trust certification and loan application are complete.
Related terms
See also: Beneficiary vs. heir, Fiduciary, and our main article on trust loans in California.